W. P. Mall Corp. v. Picket Construction Corp. Et Al‪.‬

Judgment reversed, with $20 costs and disbursements, and matter remanded to Special Term for a hearing and determination on the issue of the fulfillment of the condition precedent as to extensions of time claimed as set forth below. The parties entered into a construction agreement dated June 10, 1971 which provided for arbitration of disputes as to extra and additional work (arts. 1, 2); for extensions of time due to stated causes but only if the appellants-contractors had served a five-day notice to the respondent-owner of such cause (art. 23); and for "all claims, disputes and other matters in question arising out of, or relating to, this contract" to be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association (art. 26). On May 10, 1973 appellants served a demand for arbitration stating the nature of the dispute as the "refusal of W. P. Mall Corp. (owner) to pay for cost of the work under a cost plus fixed fee construction contract, refusal of owner to pay for extra and additional work performed arising out of or relating to said contract and refusal to grant extensions of time". The relief sought was a "determination of adjusted guaranteed maximum cost under the aforesaid contract * * *, claimants entitlement to extensions of time * * * and award of the sum of $1,280,855.63 for monies [45 A.D.2d 1052 Page 1053]